Vikash Chopra v. South Delhi Municipal Corporation

Delhi High Court · 09 Mar 2022 · 2022:DHC:884
Sanjeev Sachdeva
W.P(C) 6296/2021
2022:DHC:884
administrative petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking action against alleged unauthorized construction, directing the municipal corporation to act only after the pending appeal and regularization application are decided.

Full Text
Translation output
W.P(C) 6296/2021 1
HIGH COURT OF DELHI
JUDGMENT
delivered on: 09.03.2022
W.P(C) 6296/2021 & CM APPL. 19857/2021
MR VIKASH CHOPRA .... Petitioner
versus
SOUTH DELHI MUNICIPAL CORPORATION THROUGH ITS
DEPUTY COMMISSONER & ORS. ..... Respondents Advocates who appeared in this case:
For the Petitioner: Mr. Aditya Dewan, Mr. Aditya Hooda, Mr. Sahil Chandra and Mr. Vivek Mishra, Advocates (through VC).
For the Respondent: Ms. Anu Gupta, Advocate for R-1 & 2 (through VC)
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks a direction to the respondent to take action against the alleged unauthorized construction on the third floor of property bearing No. F-80, Green Park (Main), New Delhi.

2. Learned counsel appearing for the respondent Corporation submits that respondent No.3 has already approached the Appellate Tribunal, MCD and the Appellate Tribunal, MCD by order dated 28.10.2021 in Appeal No.345/2021 has restrained the Corporation from taking any coercive action pending the appeal. 2022:DHC:884 W.P(C) 6296/2021 2

3. Learned counsel further submits that an application for regularization has also been received, which is under consideration of the Corporation. She submits that Corporation shall take action in accordance with law subject to the outcome of the appeal as well as the regularization application.

4. In view of the above, this petition is disposed of directing the respondents to take action in accordance with law subject to the outcome of the appeal before the Appellate Tribunal, MCD and the regularization application.

5. Petition is disposed of in the above terms. This would be without prejudice to the rights and contentions of the parties and shall have no bearing on the merit of the appeal pending before the Appellate Tribunal, MCD.

SANJEEV SACHDEVA, J. MARCH 09, 2022 rk